On the basis of this information from the Investigation Wing, the Assessing Officer reopened the assessment and made additions of bogus LTCG and bogus STCL. Assessee contended that Assessing Officer had made an addition citing name of the entity Kushal Limited, whereas assessee’s transactions pertained to Kushal Trade Mark Ltd. It was noted that from the evidence brought on record by the revenue, it was evident that the two entities were the same and the name of Kushal Trade Mark Ltd was changed to Kushal Ltd w.e.f. 17.10.2017. Tribunal held that the reason as recorded by the Assessing Officer could not be held as incorrect for this reason, as two names were synonymous.On merit, the Tribunal held that transactions as undertaken by assessee in shares were duly disclosed in his return of income and assessee had also brought on record a copy of the demat account to prove that the purchase and sale in shares were effected through demat account only, thus, assessee had discharged its onus to establish that transactions in shares were genuine, reopening notice issued against assessee was unjustified. (AY. 2017-18)
ITO v. Harsha Asheshbhai Patel. (2025) 214 ITD 502 (Ahd) (Trib.)
S. 69A : Unexplained money-Accommodation entries-long-term capital gains-Accommodation entries-Penny stock-Reassessment was affirmed-Addition was deleted on merits. [S.10(38), 45, 147, 148]
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